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San Diego County Charge: Out of county resident charged with felony assault and battery involving multiple victims and great bodily and serious injuries Result: Verdict, Not Guilty on All 7 counts of Assault and Battery with Great Bodily Injury and Multiple Strikes.San Diego County Charge: 69 year old man driving under the influence of methamphetamine onto oncoming traffic Result: Hung Jury and District Attorney Dismissed DUI San Diego County Charge: Mother of two evading police in hit and run charge with serious bodily injury Result: District Attorney Dismissed after Successful Line-Up Motion San Diego County Charge: Juvenile charged with running over her ex boyfriend at high school Result: Court Dismissed case after Argument Made In Mitigation San Diego County Charge: Spouse arrested for domestic violence after 911 calls and pictures of serious bodily injury Result: District Attorney Dismissed at Trial San Diego County Charge: Military member arrested for assault and battery Result: Court Dismissed after successful argument for Military Diversion San Diego Federal Charge: 19-year-old student charged with Alien Smuggling Result: Case Dismissed after negotiations with US Attorney

San Diego Drug Possession Lawyer

Drug Possession in San Diego 

Drug possession charges in California are classified as misdemeanors, wobblers, or felonies according to the type of controlled substance involved and the amount possessed.  A wobbler is an offense that the prosecution has discretion to charge as either a misdemeanor or a felony. For example, possession of narcotics, hallucinogens and hashish are considered wobbler offenses that may result in a felony conviction. If you are facing charges or have been convicted of felony drug possession, you may qualify for relief under Proposition 47. Proposition 47 offers people with no prior serious or violent felony convictions the opportunity to reduce a wobbler or felony possession to a straight misdemeanor. This reduction to a misdemeanor could make you eligible for a drug diversion program. At Monder Law Group we have ample experience dealing with drug possession charges and diversion programs, let us help you qualify for a drug diversion program that could get your possession charges dismissed. Contact San Diego's leading criminal attorney Vik Monder now at (619)405-0063.

Understanding California Health and Safety Code Section 11350

In consideration of the seriousness of possession of a controlled substance, California Health and Safety Code section 11350 has criminalized it under Penal Code section 1170. Under this law, “Every person who possesses (1) any controlled substance specified in subdivision (b) or (c), or paragraph (1) of subdivision (f) of Section 11054, specified in paragraph (14), (15), or (20) of subdivision (d) of Section 11054, or specified in subdivision (b) or (c) of Section 11055, or specified in subdivision (h) of Section 11056, or (2) any controlled substance classified in Schedule III, IV, or V which is a narcotic drug, unless upon the written prescription of a physician, dentist, podiatrist, or veterinarian licensed to practice in this state, shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code."

Constructive Possession:

Right of control of the controlled substance. 

Actual Possession:

Direct physical control of the controlled substance.

Joint Possession:

Two or more people possessing the controlled substance at the same time. 

Prosecution's Burden of Proof for Simple Drug Possession

To convict someone of drug possession, the prosecutor must prove each of the following existed beyond a reasonable doubt:

  1. The defendant unlawfully possessed a controlled substance;
  2. The defendant knew the drugs were present;
  3. The defendant knew the drugs were a controlled substance;
  4. The defendant possessed a usable amount.

Implications of Proposition 47 for Drug Possession

Proposition 47 is a retroactive law that offers relief both to people facing drug possession charges and people convicted of felony drug possession. Proposition 47 does not carry enhancements for repeat drug offenders. This means that regardless of how many prior simple possession convictions you may have, the prosecutor can only charge you with a misdemeanor for simple possession. However, a person with prior convictions for serious or violent crimes or registered as a sex offender will not be eligible for relief under Proposition 47.

Prior Felony Convictions for Drug Possession

If you are eligible under Proposition 47, you could have a felony conviction for possession of a controlled substance reduced to misdemeanor on your criminal record. It is important to note that this request must be submitted to the court in the county that you were convicted in by November 2017. Also a copy of this request will need to be filed in at the district attorney’s office. Once your request has been approved and the conviction appears as a misdemeanor on your record we can proceed to expunge the misdemeanor and clear your criminal record.

Current Felony Charge for Drug Possession

Proposition 47 only applies to simple possession charges and not to possession with intent to sell. This is a very important distinction because often times the prosecution will try to charge you with possession with intent to sell in order circumvent the protection you are entitled to under Proposition 47. At Monder Law Group, we will not stand for this! If you are facing possession charges for a controlled substance, our priority is to get the charges against you dismissed. To do so we must fight to mitigate the amount of drugs involved in order to make sure you qualify for relief under Proposition 47. Once a successful reduction to a misdemeanor has been obtained, your misdemeanor drug charge will be eligible for diversion. Upon successful completion of a California drug diversion program will result in the charges for possession charges against you dismissed. 

California Diversion Programs

PC 1000

PC 1000 is a way for first time drug offenders to avoid going to jail and from incurring a criminal record. Let’s say that a person without a criminal record is charged with possession of drugs but not with the intent to sell or manufacture. That person, under PC 1000 may plead guilty to possession and attend a four month class that meets once a week instead of spending time in jail. Once that person has successfully completed the class and 18 months have passed without another criminal arrest or conviction, and all fees associated with the case have been paid, the court dismisses the original case.

Prop 36

Prop 36 is for people who have incurred new charges for drug possession or use offenses that do not qualify for PC 1000. However, in order for a person to qualify for Prop 36, he or she cannot be charged with the sale, manufacturing, or any other non-drug crimes at the same time. However, offenders can be excluded from consideration under Prop 36 if they have a prior conviction for a serious or violent felony (a “strike”), unless they have served their prison time and have been out of prison for five years with no felony convictions or misdemeanor convictions involving violence. It is important to note that for people who are currently on probation can use Prop 36 if the violation of probation allegation itself qualifies for Prop 36.

Alternative Sentencing Programs

To be eligible for court mandated drug rehabilitation in lieu of sentencing, a person must be charged with a non-violent drug offense, not have a criminal record, complete a mental health evaluation and demonstrate that the person can benefit from an in-patient or out-patient drug program. Once approved, the person will have the option to choose between a in-patient or out-patient program to complete the court mandated drug rehabilitation.

In-Patient Program

This is a residential treatment program that requires you to live at the facility so that you may be provided with round the clock care. It is important to note that the court will not pay for this treatment option.

Out-Patient Program

This is a treatment program that does not require you to live at the facility but allows you to visit a rehabilitation center and receive treatment on a weekly basis but continue living at home and going to work. 

Requirements to Secure a Not Guilty Verdict for Drug Possession Charges

  • You did not know the drugs were there.
  • You did not have a right to control the drugs.
  • You did not know the drugs were a controlled substance.
  • You had a valid prescription.
  • The substance was not a controlled substance.

Your Best Defense against Drug Possession Charges in San Diego

There are many ways to defeat a drug possession charge in San Diego. At Monder Law Group we deal with these type of cases everyday and know how best to strategize defenses for drug possession. Attorney Vik Monder will personally review the facts of your case, explain the options available, and advise you of the best strategy to defeat this charge or any other drug-related offense charge, including charges for the possession and use of marijuana.

Contact San Diego Drug Possession Criminal Defense Attorney Vik Monder for a FREE consultation today at: 619-405-0063

Contact San Diego Criminal Attorney Vik Monder for a free consultation today at: 619-405-0063


Contact San Diego's #1 Criminal Attorney Vik Monder for a FREE CONSULTATION:


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You have the right to remain silent and refuse to answer questions. You have the right to consult an attorney before speaking to the police and to have an attorney present during questioning now or in the future.